Child Act 2001

Syai
Nani
Amyra
Syifaa

Child
CHILD means a person under the
age of eighteen years; and in relation
to criminal proceedings, means a
person who has attained the age of
criminal responsibility as prescribed
in section 82 of the Penal Code [Act
574];

ANY ACT OF A CHILD UNDER 12 YEARS OLD - NOTHING IS CONSIDER AN OFFENCE

Nothing is an offence which is done by

a child under ten years of age. Act of a
child above 10 and under 12 years of
age, who has not attained sufficient
maturity of understanding.

(source: Malaysia. The Commissioner of Law. (2006).

Act 574 PENAL CODE Incorporating all amendments
up to 1 January 2006)

ACKNOWLEDGE THAT A CHILD

BEING IMMATURE
Acknowledge that a child, by reason
of his physical, mental and emotional
immaturity, is in need of special
safeguards, care and assistance, after
birth, to enable him to participate in
and contribute positively towards the
attainment of the ideals of a civil
Malaysian society

FAMILY IS THE BASE FOR GROWTH & DEVELOPMENT

Acknowledge that the family as the

fundamental group in society which
provides the natural environment for the
growth, support and well-being of all its
members, particularly children, so that
they may develop in an environment of
peace, happiness, love and
understanding in order to attain the full
confidence, dignity and worth of the
human person.

NON DISCRIMINATION
POLICY
Recognizing every child is entitled to
protection and assistance in all
circumstances without regard to
distinction of any kind, such as race,
colour, sex, language, religion, social
origin or physical, mental or
emotional disabilities or any other
status

SECTION 31. (1) NEGLICENCE ON

THE PART OF CARE TAKER
Any person who, being a person having the care of
a child (a) abuses, neglects, abandons or
exposes the child in a manner likely to cause him
physical or emotional injury or causes or permits
him to be so abused, neglected, abandoned or
exposed; or
(b) sexually abuses the child or causes or permits
him to be so abused, commits an offence and shall
on conviction be liable to a fine not exceeding
twenty thousand ringgit or to imprisonment for a
term not exceeding ten years or to both.

CHILDREN IN NEED OF CARE AND PROTECTION

Chapter 1 17. (1) A child is in need of care and
protection if
(a) there is substantial risk that the child will be
physically injured or emotionally injured or sexually
abused by his parent or guardian or a member of his
extended family
b) child will be physically injured or emotionally injured
or sexually abused and his parent or guardian, knowing
of such injury or abuse or risk, has not protected or is
unlikely to protect the child from such injury or abuse
(c) the parent or guardian of the child is unfit, or has
neglected, or is unable, to exercise proper supervision
and control over the child and the child is falling into
bad association;

 (d) the parent or guardian of the

child has neglected or is unwilling to
provide for him adequate care, food,
clothing and shelter.

CHILDREN NOT TO BE USED FOR

BEGGING
allows that child to be on any street, premises or place
for the purposes of
(a) begging, receiving alms, whether or not there is any
pretence of singing, playing, performing or offering
anything for sale
(b) carrying out illegal hawking, illegal lotteries,
gambling or other illegal activities detrimental to the
health and welfare of the child, commits an offence and
shall on conviction be liable to a fine not exceeding five
thousand ringgit or to imprisonment for a term not
exceeding two years or to both.

PART VIII TRAFFICKING AND

ABDUCTION OF CHILDREN
48. (1) . Unlawful transfer of
possession, custody or control of
child within or outside Malaysia
commits an offence and shall on
conviction be liable to a fine not
exceeding ten thousand ringgit or to
imprisonment for a term not
exceeding five years or to both.

WHEN A CHILD CAN BE SENT TO

HENRY GURNEY SCHOOL
a) a child is found guilty of any offence
punishable with imprisonment;
(b) the probation report submitted to the
Court For Children shows that
(i) the parents or guardian of the child
can no longer exercise or is incapable of
exercising any proper control over him;
(ii) the child is habitually in the
company of persons of bad character;

(c) it appears to the Court For Children

(i) that the offence committed is serious
in nature; and (ii) (ii) by reason of the
nature of the childs criminal habits and
tendencies it is expedient that the child
be subject to detention for such term
and under such instruction and discipline
as appears most conducive to his
reformation and the repression of crime.